Kumarakalva Shake Ameerunissa Begum vs. The National High Way Authority Of India

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Ravi Cheemalapati
Case Status:Disposed
Order Date:23 Sept 2024
CNR:APHC010206692021

AI Summary

Get an AI-powered analysis of this court order

Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble Ravi Cheemalapati

Listed On:

23 Sept 2024

Original Order Copy

Get a certified copy of this order

Download True Copy

Order Text

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

MONDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 11845 OF 2021

Between:

Kumarakalva Shake Ameerunissa Begum, W/o. Salauddin years, R/o. D.No.7-56-1, Gadwal Street, Near Flower Market village, Kadiri Mandal, Ananthapuram District. Female, Aged 64 Street, Kadiri

...PETITIONER

AND

    1. The National High Way Authority of India, Rep. By its Chairman, G <sup>5</sup> & 6, Sector-10, Dwaraka, New Delhi.
    1. The Joint Collector cum Competent Authority (Land Acquistion), (National Highway Kadiri Byepass Project) Anathapuram Anathapuram. District.
    1. The Revenue Divisional Officer, Anathapuram-515591. Kadiri Revenue Division, Kadiri
    1. The Mandai Tahsiidar, Kadiri Mandai, Kadiri, Ananthapuram District 515591.
    1. The Superintendent of Engineer (R and B), N.H.Circie, Ananthapuram, Ananthapuram District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in changing the alignment of the National Highway No.42, at 159/250 km to 168/450 km (kadiri Bypass) at petitioner's land point in Sy.No.175-2D, 175- 3A1 of Kadiri village and Mandal, Peg-marking excess extent of land mentioned in the Notification Dt.23.03.2020 as illegal, irregular, arbitrary, violative of the provisions of the National Highways Act 1956 and Rules framed there under and also offends Articles, 14, 21 and 300-A of Constitution of India and consequently direct the Respondents not to change the alignment of the road, i.e.. National Highway No.42, at 159/250 km to 168/450 km (kadiri Bypass).

lA NO: <sup>1</sup> OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings including dispossession and formation of the road in petitioner's land in total Ac. 2.00 cents i.e., an extent of Ac. 1.00 cents in R.S.No. 175-3A1 and Ac. 1.00 cents in R.S.No.175-2D of Kadiri village and Mandal of Anathapuram District, pending disposal of the above writ petition in the interest of justice.

Counsel for the Petitioner: SRI M LALITH KUMAR, ADVOCATE REPRESENTING FOR SRI MANGENA SREE RAMA RAO

Counsel for the Respondent No.1: SRI S S VARMA (SC FOR NHAI)

Counsel for the Respondent Nos. <sup>2</sup> to 4: GP FOR REVENUE

Counsel for the Respondent No. 5: GP FOR ROADS AND BUILDINGS

The Court made the following: ORDER

APHC010206692021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3332]

MONDAY ,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 11845/2021

Between:

Kumarakalva Shake Ameerunissa Begum ...PETITIONER

AND

The National High Way Authority Of India and Others ...RESPONDENT(S)

Counsel for the Petitioner:

  1. MANGENA SREE RAMA RAO

Counsel for the Respondent(S):

1.GP FOR ROADS BUILDINGS

2.GP FOR REVENUE

The Court made the following:

Sri M.Lalith Kumar, learned counsel representing Sri Mangena Sree Rama Rao, learned counsel for the petitioner on instructions of the petitioner submitted that pursuant to the filing of this writ petition the respondent authorities clarified the extent

of land which they are going to acquire from the petitioner and further they have paid compensation to the petitioner in that regard. As such, prayed to close the writ petition.

Taking the submissions into consideration, respondent authorities have given clarification regarding the extent of land to be acquired, and paid compensation to the petitioner, there remains nothing for adjudication and the writ petition is liable to be closed. 2. as the

  1. Recording the submissions of the learned counsel for the petitioner, the writ petition is closed. There shall be no order to costs. as

Consequently, Miscellaneous applications, if any, pending in the writ petition shall stand closed.

SDI- SHAIK MOHD. RAFI ASSISTANT R^ISTRAR //TRUE COPY//

To,

    1. One CC to Sri Mangena Sree Rama Rao Advocate [OPUC
    1. One CC to Sri S S Varma, SC for NHAI Advocate [OPUC]
    1. Two CCs to GP for Roads and Buildings, High Court of Andhra Pradesh [OUT]
    1. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
    1. Three CD Copies

TF

n

SECTION OFFICER

HIGH COURT

DATED:23/09/2024

ORDER

WP.No.11845 of 2021

CLOSING THE W.P. WITHOUT COSTS

Share This Order

Case History of Orders

Order(4) - 23 Sept 2024

Final Order

Click to view

Order(5) - 23 Sept 2024

Final Order

Viewing

Order(3) - 29 Aug 2024

Interim Order

Click to view

Order(2) - 2 Aug 2024

Interim Order

Click to view

Order(1) - 16 Jul 2021

Interim Order

Click to view